Indefinite Leave to Remain

Peter Swallow Excerpts

Monday 8th September 2025 Westminster Hall

[Peter Swallow (Bracknell) (Lab)]

It is a honour to serve under your chairship, Mr Pritchard. I welcome the Minister to his place. By way of ingratiating myself on behalf of my constituents, may I also say how much I like his socks, which I have been admiring?

The immigration White Paper rightly recognises that we need an immigration system that is fair, firm and clear. Those who have come to this country to work hard, contribute and play by the rules should be able to see a well-defined route to citizenship. That pathway must be bound by rules that are consistent, transparent and well understood.

That said, I have heard from Bracknell constituents who will potentially be affected by a shift from a five-plus-one year route to a 10-plus-one year route to citizenship. Many of those residents are almost at the five-year point today, and have already built lives and careers here. Understandably, they are worried that just as they reach that threshold, the rules will change beneath their feet. My firm view is that when people come to this country on the basis of a clear settlement route, we should respect that understanding, and that, at the very least, any change should be introduced in a staggered way. That is the fair and right thing to do.

Importantly, this moment provides us with the opportunity to properly re-examine the individual components of our immigration system, including the BNO visa scheme. When the Conservatives launched it, the scheme was billed as a bespoke pathway that honoured our historical obligations to the people of Hong Kong. In reality, however, far too many BNO holders have found themselves bound by the same rules as other visa holders. That is not what was promised, and it does not reflect our historic commitment and the unique circumstances that brought Hongkongers to our country. Here I am afraid I disagree with my hon. Friend the Member for Edinburgh East and Musselburgh (Chris Murray): the route by which people come to this country does matter.

The Hong Kong community is making a remarkable contribution to Britain. A 2023 survey found that 99% of BNO visa holders intend to settle permanently and become British citizens, and they are highly skilled. Almost six in 10 hold a degree or postgraduate qualification, compared with a third of the UK population. Despite that, only about half are currently in work, compared with three quarters of the UK as a whole. That gap reflects the barriers that people still face—barriers that we should be helping to dismantle.

I have seen at first hand the contributions of Hong Kong families in Bracknell. I recently met members of our local Hong Kong community, and while I was inspired by their resilience and the way they have enriched our town, I also heard about the barriers and uncertainty that they now face. I thank the 487 Bracknell constituents who signed the petition on BNO visas that we are here today to discuss.

One young woman at my meeting told me about how ready she is to continue her studies, but that she has been priced out of university because she does not yet qualify for home fees. Extending the length of time BNO visa holders must wait to secure settled status also means extending the length of time they are liable to pay international fees, despite living in this country, achieving their A-levels at UK schools and looking to build their adult lives and careers in, and lend their considerable talents to, the UK.

Another constituent is a talented professional dancer who teaches local students. She is unable to dance for Britain in international competitions because of her visa status, despite being exactly the kind of role model we should be championing. I also met a young married couple who have bought a home and started a life in Bracknell, but feel they cannot yet start a family because of uncertainty over their future status. These stories are not abstract policy points; they are the lived experiences of people who are already making an incredible contribution to our country and our community.

It was precisely because of these concerns that I, together with Labour colleagues, wrote earlier this summer to the then Home Secretary, who is now the Foreign Secretary. We urged her to ensure that BNO visa holders are not unfairly disadvantaged by retrospective changes to the settlement route, and that the promises made to Hongkongers when this scheme was created are properly upheld.

At my public meeting, I was saddened but not shocked to hear that some members of the Bracknell Forest Hong Kong community had chosen not to come because of the fear of transnational repression. They were concerned that by engaging in the democratic process and speaking to their local Member of Parliament—a right that must be available to every man, woman and child living in this country—they would make themselves a target for the long reach of the Chinese and Hong Kong Governments. That is a powerful reminder of why the previous UK Government, with the Labour party’s full support, brought in the BNO visa route in the first place: the Hong Kong national security law. We owe it to the Hongkongers rebuilding their lives in the UK to ensure that the BNO visa scheme is properly bespoke, so that we can live up to our historic obligations.

[Mark Pritchard (in the Chair)]

May I just say to the Minister that his socks are in order? The Clerks are excellent, because I now know that the first reference to socks in the House of Commons was in 1842, in a manufacturing debate. To reassure him, there is no mention whatever of socks in the “Rules of behaviour and courtesies in the House of Commons” or in “Erskine May”, which of course was first published in 1844. Members can therefore all be reassured, and certainly the Minister can be: his socks are in order. There is a ruling.

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[Katie Lam (Weald of Kent) (Con)]

It is, as ever, a pleasure to serve with you in the Chair, Mr Pritchard. I believe I am the first member of my party speaking in this place to welcome the Minister to his new place. I look forward to working across from him, socks and all.

I am grateful to the hon. Member for South Norfolk (Ben Goldsborough), the Petitions Committee and the members of the public who signed the petitions before us today. The hon. Member is right to note that there are many different strands to the issue. This evening, I will speak about the proposed changes to ILR qualification for the skilled worker visa.

Over the past 30 years, millions of people have immigrated to Britain. The level of migration to this country has been too high for decades and remains so. Every election-winning manifesto since 1974 has promised to reduce migration. As my right hon. Friend the Member for North West Essex (Mrs Badenoch) has said, the last Government, like the Governments before them, promised to do exactly that. Like the Governments before them, they failed to deliver.

[Peter Swallow]

On that point, will the hon. Lady give way?

[Katie Lam]

I will make a little progress first.

It is particularly concerning that the vast majority who have come to Britain in the last few years, including many of those on the skilled worker route, are unlikely to contribute more in tax than they cost over their lifetimes through their use of public services and state support. As things stand, the lifetime cost of the recent wave of migration is set to be hundreds of billions of pounds. It is one of the biggest scandals in British politics and most people, including the Prime Minister, now acknowledge that the accelerated migration of the last few years was a profound mistake. When we make a mistake and have the power to reverse it, it is right that we do so. We absolutely have the power to reverse this particular mistake, and that would start by changing the rules on indefinite leave to remain.

At the moment, after just five years, most migrants can claim ILR, allowing them to stay here indefinitely, access state support and begin the path to citizenship. My shadow Home Office colleagues and I have repeatedly argued that the qualifying period should be extended from five years to 10, but that alone is not enough. No new visa should be issued to, no new ILR status should be granted to, and existing ILR status should be revoked from, those who have committed a crime, accessed state support, or are unlikely to contribute more than they cost. Those who have no legal way to stay here would then need to leave. That is how immigration works.

Many hon. Members in this debate have commented on the fairness and perceived fairness of retrospective rule changes to those who have come here. That point was made in opening by the hon. Member for South Norfolk and by too many other hon. Members to list. We can feel great personal sympathy for such people, but our primary, indeed our only, fundamental responsibility is not fairness to foreign nationals but fairness to the British people. It is our sacred duty to put them first, and to act in their interests and their interests alone.

[Peter Swallow]

The hon. Member is setting out a powerful argument, but she has not touched on the BNO visa route. As I mentioned earlier, that route was introduced by the previous Government with support from the Labour party. I ask her to be really clear. She talked about mistakes from the previous Government. Is she now saying that that route was a mistake, or will she take this opportunity to recommit her party to the Hong Kong community, to whom, after all, we owe that historic commitment?

[Katie Lam]

Our suggested reforms do not apply to Hong Kong BNO visa holders. That is a specific route set up for extraordinary purposes. We believe it should be viewed and treated differently.

Implementing our policies in full would save the British taxpayer hundreds of billions of pounds. It would relieve pressure on our already stretched public services and lay the foundations for an immigration system that genuinely works in the national interest. More than that, it would give effect to the democratic wishes of the British people by reversing a costly disaster that nobody voted for and that most people now acknowledge was a catastrophic mistake. I urge the Government in the strongest possible terms to commit to implement the changes that we have repeatedly proposed, including by applying any changes to ILR to those who are already here.

A five-year visa does not confer a right to apply to settle here indefinitely. Those who come here must make a genuine and sustained contribution to our country, and unfortunately most of those who have come on the skilled worker route in recent years are unlikely to do so. If, as the Prime Minister says, our “open borders experiment” has been a mistake, why should British taxpayers be saddled with the cost of that mistake for the rest of their lives?

Finally, although I do not agree with the argument made by the petition on skilled worker visas, I believe that that process should be subject to an open and frank public debate.

--- Later in debate ---

[Alex Norris]

My hon. Friend makes an excellent point. I will turn to the BNO status shortly, but I think of all the work that goes on in my community around English language. Similarly, with those who have come from Ukraine in the past few years it has been transformative. As we make the proposals in the White Paper law, we will consider those important accompanying conversations.

It is a long-standing point of consensus across this place that settlement is a privilege and not a right. We know that settlement in the UK brings significant benefits, so the proposals that we have set out in the immigration White Paper reflect our view that people who benefit from settling in the UK should at first make a proportionate contribution. We have heard much about the valuable contributions that hon. Members’ constituents are making. That is why, although we are setting a baseline qualifying period for settlement at 10 years, we will allow those who make meaningful contributions to reduce that period, as my hon. Friend the Member for Edinburgh East and Musselburgh (Chris Murray) referred to.

I turn to skilled work, the subject of the first petition. Skilled worker visa holders make an important contribution to our economy and public services, filling essential skills and labour market gaps, but for too long, sectors have become reliant on them to fill those gaps and have not sought to invest in our domestic workforce. The reforms that we have set out in the immigration White Paper are addressing the balance and reversing the long-term trends of overseas recruitment increasing, at the same time as reducing investment in skills and training and increasing levels of unemployment and economic inactivity in the UK, which I know we are all concerned about in our communities.

We implemented the first of the reforms in late July, lifting the threshold for skilled workers to RQF level 6, and we have commissioned the Migration Advisory Committee to advise on future changes to salary requirements and a temporary shortage list. We have established a new labour market evidence group, which met at the end of July and will continue to meet quarterly, to support our aim of tackling the underlying causes of workforce shortages and ensuring that growth-driving sectors have access to the skilled workers that they need now and into the future. I speak as someone who, until a couple of days ago, was the local growth Minister: we must support our children and schools with the same vigour, so that they get brilliant opportunities and the training that they need first.

Colleagues have talked with great passion about the Hong Kong British national overseas visa route. I want to take a moment to reflect on what the BNO route means, not just for those who have made use of it but for this country more generally. Our country has a long-standing and unique connection to the people of Hong Kong. As Hong Kong is a former British territory, many Hongkongers hold BNO status, which is a recognition of that shared history, as my hon. Friend the Member for Milton Keynes Central (Emily Darlington) said. I commend the previous Government for launching the BNO route in January 2021—I supported it in this place—as a direct response to the imposition of the national security law in Hong Kong. Through that, the UK honoured its historic and moral commitments to the people of Hong Kong by creating a bespoke immigration route for those seeking safety, stability and a future rooted in those shared values.

Since it launched, close to 225,000 people have been granted a BNO visa, and over 160,000 have arrived in the UK. Like many of the migrants across the immigration system, Hongkongers have quickly become an integral part of both our economy and local communities, with high levels of employment, education participation and community engagement. They have made their homes in key cities and regions across the UK.

In Nottingham, Hongkongers have made an extraordinary contribution, whether it is in our public services, the private sector or the community and voluntary sector. My hon. Friend the Member for Rushcliffe (James Naish) takes a great interest in this area, and a year ago we met organisations representative of the extraordinary contribution Hongkongers are making. I will stop short of saying whether I consider them to be from Nottingham now; due to local government reorganisation, that is a very sticky point, as it is for my hon. Friend the Member for Broxtowe (Juliet Campbell) and possibly for my hon. Friend the Member for Erewash (Adam Thompson), who mentioned Long Eaton. I am not going to go anywhere near that question.

The presence of those people is not just valued; they are making a huge positive and lasting contribution to our national life. As a Government, we recognise the significance of that community, not just for what they have done so far but for the role that they will play in the years ahead. I assure Members that this Government remain steadfast in supporting members of the Hong Kong community in the UK and all those who will arrive in the future. We remain fully committed to the BNO route, through which we will continue to welcome Hongkongers, but I do know how important the ability to obtain settled status is to the Hong Kong community. That is why I can assure them that we are listening to their views about the route to settlement, and we will continue to do so. In the meantime, the current rules for settlement under the BNO route will continue to apply.

[Peter Swallow]

Given how profoundly the Minister is setting out the importance of the Hong Kong community in the UK, can I tempt him to take this opportunity not only to recommit to supporting the Hongkongers with the current route, but to use this as an opportunity to fix some of the things in the BNO visa route that have made it not quite as bespoke as was originally intended through this process? Will the Minister look at that as he looks at the overall immigration system?